How Probate Works

July 31, 2026 · Marc Cormier

Can Someone Steal the Deed to Your Home Without You Knowing?

Probate court documents and legal papers on a wooden desk with gavel
Deed fraud targets properties that no one is watching, including vacant homes in probate.

Short answer, yes, and it happens more often than most homeowners realize. Deed fraud means a criminal forges your signature, files fake paperwork with the county, and transfers your property into their name. You find out only when it's already done.

Why This Matters More for Vacant and Inherited Homes

The FBI's Internet Crime Complaint Center has flagged this specifically, criminals often target vacant land, rental property, and homes without an active mortgage, because no one is watching the property closely enough to notice something is wrong. An inherited house sitting empty during probate fits that description exactly. No one's living there. No mortgage company is monitoring it. It can sit unwatched for months while an estate works through the legal process, which is exactly the window a scammer looks for.

How the Scams Actually Work

Three patterns show up most often, according to the American Bar Association.

Foreclosure rescue scams

A scammer offers to "save" a homeowner from foreclosure by taking the deed temporarily, promising the owner can pay rent instead of the mortgage until they catch up. Instead, the scammer often sells the house once the title is in their name, leaving the original owner still on the hook for a mortgage on a house they no longer own.

The straw-man scheme

A criminal uses someone else's credit history, the "straw man," to get a mortgage on a property, then has that person sign the deed over. The straw man usually gets a small payout and ends up being the one prosecuted, while the real scammer moves on.

Illegal flipping

Criminals buy a property, make minimal or cosmetic changes, then resell it for far more than it's worth, often through inflated appraisals or misrepresented condition. Buyers don't realize the actual value until it's too late.

How to Actually Protect the Property

Checking your county land records regularly is the most direct defense, and Montgomery County makes this easier than most counties.

MDLandRec.net gives free online access to recorded deeds and land documents for Montgomery County, searchable by name or property. Montgomery County's Circuit Court Land Records Department, located in Rockville, offers a free profile-based alert that notifies you when a new document gets recorded against a property tied to your name. For an inherited or vacant house, check in on the physical property regularly too, not just the paperwork, since unattended homes draw attention for more than just deed fraud.

What This Means If You're Managing an Estate

If you're a Personal Representative for a house that's going to sit vacant for any length of time while probate works through the court process, enroll in the free alert and check the property directly on a regular schedule. It costs nothing and it's the difference between catching a forged filing early and finding out only after the house has already changed hands.

"A vacant inherited house sitting empty during probate is exactly the window a scammer looks for. The most direct defense is checking county land records regularly."

If you're managing an estate with a property that could sit vacant, or if you want to know what your property is worth before you decide what to do next, get an instant offer on the property and speak with a probate specialist who understands how to protect the estate's interests from start to finish.

Legal Note

Court requirements vary depending on the circumstances of the estate. Consult your probate attorney for guidance.

Legal Disclaimer

The information in this guide is provided for educational purposes only and is not legal, tax, or financial advice. Probate laws vary, and every estate is different. Marc Cormier and Berkshire Hathaway HomeServices PenFed Realty are not acting as your attorneys or accountants. Before making legal decisions regarding an estate, consult with a competent Maryland probate attorney or other qualified professional familiar with your specific circumstances.

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How the Probate Value Analysis™ Helps You Make Informed Decisions

As Personal Representative, you carry a fiduciary duty to protect the value of the estate. Every decision you make about the property, whether to sell as-is, make repairs, or list on the open market, has financial consequences for the heirs and beneficiaries.

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Marc Cormier provides this analysis as part of a free, no-obligation consultation. You get the full picture before you decide anything.

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